Adoption of K [2019] NSWSC 866

Supreme Court New South Wales

Medium Neutral Citation: Adoption of K [2019] NSWSC 866 Hearing dates: 4 July 2019 Date of orders: 04 July 2019 Decision date: 10 July 2019 Before: Stevenson J Decision: Order for adoption made Catchwords: CHILD WELFARE – adoption – whether in child's best interest that adoption order be made – whether adoption order clearly preferable – whether adoption plan should be approved Legislation Cited: Adoption Act 2000 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Director-General, Dept of Community Services v D (2007) 37 Fam LR 595; [2007] NSWSC 762 Application of A; Re D (2006) 36 Fam LR 142; [2006] NSWSC 1056 Category: Principal judgment Parties: Secretary, NSW Department of Family and Community Services (Plaintiff) HC (Defendant) Representation: Counsel: T Stevens (Plaintiff)

Solicitors: Crown Solicitors (Plaintiff) Legal Aid (Defendant) File Number(s): A028/2018

Judgment 1. K was born in 2010. He has recently turned 9. 2. In September 2010, when K was only six months old, the Children's Court made orders under the Children and Young Persons (Care and Protection) Act 1998 (NSW) placing K under the parental responsibility of the Minister for Family and Community Services. 3. Several weeks later, in October 2010, K was placed with TJ and CJ. K has lived with them ever since. 4. On 4 July 2019 I made an order that K be adopted by TJ and CJ. 5. These are my reasons for making that order. 6. K's birth parents are HC and GD. 7. GD died in 2014. 8. For convenience, and without intending any disrespect, I will refer to the adoptive and surviving birth parent by their given names. 9. K has not had contact with HC since 2011. 10. On 8 October 2018 I made an order under s 124(1)(a) of the Adoption Act 2000 (NSW) appointing Mr Stephen Stuart as the Guardian Ad Litem for HC. 11. I made that order on the basis of the evidence of Dr Sathish Dayalan, a Forensic Psychiatrist, that HC did not have the capacity to understand legal advice or give instructions. 12. I will return to the question of HC's future contact with K later in these reasons. 13. The formal requirements for adoption under the Adoption Act have been complied with. There is no need for me to set out the details of those matters here.